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I was arrested with two friends of mine in the car and i was the driver. We were all taken out of the car and i told the officer it would be ok to search my car. One of my passengers had a bag of marijuana that he left in my car while we were patted down. The marijuana was found along with sum ''crumbs'' in the seats and floor from the bag. I was charged with possesion even though the passanger fessed up and told the police it was his marijuana. I was also charged with driving under the influence of marijuana and meth. I was givin a blood test and both showed up but i was not curently intoxicated when i was driving. what can i do? can i aviod my licence beeing suspended by accepting another punishment such as probation or comunity service. I have no criminal record other than this.

Asked on 10/03/03, 10:18 pm

3 Answers from Attorneys

You made a number of mistakes here. The first was consenting to search. Also, it had to be over an ounce or all that would have resulted was a ticket and you could have walked away and paid a $200 fine. You friend's confession helps you, so, you may be able to leverage that to help your defense. Get a good criminal lawyer.

I'm sorry. I misread your question as being in California instead of Georgia (I answer questions in both). Georgia has no such "de-criminalization" law as California, so forget the ticket and $200 fine part. But, the rest of my answer still applies. I think a good criminal lawyer would argue, why would you have consented to search if you knew pot was in the car? This suggests your friend knew, and that you didn't. Same advice. Get a good criminal lawyer. You have a shot here.